DHIRENDRA PRASAD GUPTA vs BABY DEVI

Judgment text excerpt

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.05.2025 + MAT.APP.(F.C.) 19/2025 & CM APPL. 2228/2025 DHIRENDRA PRASAD .....Appellant Through: Mr.Yash Harshvardhan, Ms. Pankhuri Srivastava, Ms. Anukriti Tiwari, Mr.Pradeep Singh Negi, Mr.Suhail Khan and Mr. Deepen Kumar, Advs. versus BABY DEVI ....Respondent Through: Mr. Rajmangal Kumar and Ms. Sangeeta Kumari, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR RENU BHATNAGAR, J. (Oral) 1. The present appeal under Section19 of the Family Courts Act, 1984, (hereinafter referred to as, ‘Family Court Act’) read with Order XLIII Rule 1of the Code of Civil Procedure, 1908 (hereinafter referred to as, ‘CPC’) has been filed by the appellant, challenging the Order dated 11.11.2024 passed by the learned Principal Judge, Family Courts, Saket, New Delhi, (hereinafter referred to as, ‘Family Court’), in an application being Misc Civ No. 11/2024 filed in HMA 610/2019, titled Dhirendra Prasad Gupta v. Baby Devi, allowing the said application filed under Order IX Rule 13, and consequently, recalling Signature Not Verified MAT.APP.(F.C.) 19/2025 Page 1 of 8 Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:19.05.2025 15:45:53 the Judgment and Decree of divorce dated 01.04.2022 passed in HMA No. 610/2019 and restoring the said Divorce Petition filed by the appellant herein. 2. It is contended by the learned counsel for the appellant that the application for setting aside the ex parte Judgment and Decree of Divorce dated 01.04.2022 was filed by the respondent with a delay of more than 297 days, even though she was residing in her matrimonial ancestral house of the appellant and had regularly been in touch with the appellant, his family members and their acquaintances. It is further contended th